United States v. Derek Aker

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Derek AKER, Defendant-Appellant. No. 91-30314. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 27, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Derek Aker appeals his sentence under the Sentencing Guidelines following his conviction by guilty plea to unlawfully receiving, possessing, and transferring a firearm, in violation of 26 U.S.C. § 5861 (d), and engaging in the business of dealing in firearms without a license, in violation of 18 U.S.C. § 923 (a). Aker contends that in sentencing him pursuant to U.S.S.G. § 2K2.2, the district court improperly considered as relevant conduct firearms he possessed legally, in addition to the weapons that were the basis for his conviction. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm. 3 The…